Twa-le SwanSpokane Tribe

Working Effectively With TribesJune 2014

Working Effectively With Tribes

• UNDRIP and Free Prior & Informed Consent• Feedback from participants at the 2014

National Tribal Forum on Air Quality– Barriers to Community Outreach– Tools for Community Outreach– Tips for Reaching Tribal Communities

• Very productive discussion

FREE PRIOR AND INFORMED CONSENT (FPIC)

UN Declaration on the Rights of Indigenous Peoples

Free, Prior & Informed Consent• “Indigenous Peoples have fought for the recognition

by their national governments, the international community and by companies of their right to give or withhold consent for project development. The right relates directly to the right for Indigenous Peoples to control their own future and the future of their people. It has been stated as the right to give or withhold their free, prior and informed consent to actions that affect their lands, territories and natural resources.” – Oxfam Guide to Free, Prior and

Informed Consent

• FPIC is a specific right for Indigenous Peoples as recognized in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)– It is a collective right, the

community as a whole has the right to give or deny Free Prior and Informed Consent

• In 2007 the United Nations passed the Declaration on the Rights of Indigenous Peoples (UNDRIP). It covers 46 issues important to Native people, including:– Self-determination, or the right

of a people to decide their political status and government

– Culture and language– Education and health– Housing, land, resources and

environment– Indigenous law

FPIC Definitions• Free from force, intimidation,

manipulation, coercion or pressure by any government or company.

• Prior to government allocating land for particular land uses and prior to approval of specific projects. Enough time must be given to consider all of the information and make a decision.

FPIC Definitions• Informed, all of the relevant information

to make a decision about a project must be given– Language must be easy to understand– Access to independent information, not

just information from the project developers or the government.

– Access to experts on law and technical issues, if requested, to make decisions

FPIC Definitions• Consent requires that the people involved

in the project allow indigenous communities to say Yes or No to the project and at each stage of the project, according to the decision-making process of your choice. The right to give or withhold consent is the most important difference between the rights of Indigenous Peoples and other project-affected peoples.

Free, Prior & Informed Consent• Talking does NOT mean agreement. It is included in

the right to obtain information.• Resources:

– United Nations Declaration on the Rights of Indigenous Peoples (http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf)

– Oxfam’s Guide to Free, Prior and Informed Consent (http://www.culturalsurvival.org/sites/default/files/guidetofreepriorinformedconsent_0.pdf)

TRIBAL FEEDBACKNational Tribal Air Forum 2014 – Swinomish Reservation

Barriers to Reaching Tribal Communities

Infrastructure – internet, cable, cell phones Language Barriers

Remote/Isolated Communities – Travel $ Media Accessibility

Jurisdictional/boundary issues “Someone else will do it”

Diverse communities/residents Personalities – scientists are not necessarily teachers.

Teaching styles - adults vs youth or elders

Schools not doing “good science”

Grants – population served too small to be competitive Tribal Politics

Adequate time is needed to build trust, consistency in

relationshipsHistorically marginalized and

traumatized populations. Why should we trust you?

Effective Tools to Reach Tribal Communities

Food Radio – PSA’s, Facebook/Social Media, Flyers, Newspapers

Word of Mouth – Door to Door Health/Housing/Job/Energy Fairs & Celebrations-Earth Day

Tribal staff/employees – training, email

Youth- school presentations, curriculum development,

internships, environmental camps

Presentations to group homes, Treatment Centers, Residential

Schools

Knowing & participating in your community

Visioning & hands-on workshops Many different leaders in a Tribal community

Listen. Follow up. Make sure input is valued.

Be seen! Vehicle magnets

Tips for Reaching Tribal Communities

1. Don’t get discouraged.

2. Keep your phone number visible – encourage calls, questions & complaints. 3. Find an advisory committee – elders, youth, Tribal council.

4. Collaborate with other departments and agencies. Tag on to existing meetings & events. Get guest speakers.

5. Take the time to be a part of your community. Learn about the culture of the Tribe. Don’t be a speaker, be a mentor. Building trust will lead to true and meaningful input.

6. Choose one main topic each year as the focus of outreach – wood stoves, mold, radon, recycling, etc. 7. Learn the structure of Tribal governments. There are 566 Federally Recognized Tribes – if you’re doing work in a community, learn about that particular Tribe. We are not all the same, neither are our decision making processes.

CASE STUDYRegion 8 Tribal QAPP –Tom Brooks (brooks.tom@epa.gov)

1. Problem Statement: It is taking Tribes in Region 8 up to 3 years to get an approved Tribal Air Program Quality Assurance Project Plan (QAPP)

2. Plan & Identify Key Participants. EPA QA Team Lead, Air Program, Tribal Assistance Program, Facilitator, Tribal Air Program Managers, etc.

3. QI Session Planning to focus on the EPA Internal Process with Tribal input

4. Outcomes: EPA Goal to reduce the review to 60 days.

5. Increased communication and involvement in the entire process. Added conference calls reduce the review and comment cycle.

6. Assigned QA staff for each grant or QAPP = Better relationships with Tribal counterparts.

7. Researching tools for better document storage and revision sharing/tracking.

8. Follow Up – Future meetings and status updates

Region 8 Quality Improvement Session Planning

New QAPP Development Timeline

Successes Lessons LearnedImproved QAPP process Proper scoping & session lengthClear roles & responsibilities Right participantsNew program leads & Tribal contacts Preparation is keyNew tracking tool Use a facilitator

THANK YOU! LEM LEMPTSQuestions: Twa-le Swan Q 509-626-4403 Q twalea@spokanetribe.com